A parenting plan in Prince Edward Island is a formal written agreement detailing parenting time, decision-making responsibility, and holiday schedules. To be accepted by a PEI judge, the plan must strictly focus on the “best interests of the child”. Having a local family lawyer draft or review the document ensures it is legally binding and prevents future disputes.
When a relationship ends, creating a stable, predictable routine for your children is the most important step you can take. A parenting plan is effectively a roadmap for your new co-parenting relationship. It removes the stress of guessing who picks up the kids on Fridays, how Christmas morning is divided, and who holds onto the child’s passport.
While you and your ex-partner can sketch out a basic schedule on your own, verbal agreements offer absolutely no legal protection if someone decides to change their mind. A professionally drafted parenting plan protects your parental rights and provides your children with a profound sense of security. To ensure your agreement is air-tight and compliant with PEI family law, you should connect with an experienced lawyer from our directory. 🔮
Step-by-Step Process in Prince Edward Island
The family courts in Charlottetown and Summerside strongly prefer that parents create their own customized parenting plans rather than having a judge impose a generic schedule upon them. You know your children best, so take the time to build a plan that works for your unique family dynamics.
Step 1: Establish the Regular Parenting Schedule
Start by outlining the day-to-day physical living arrangements (parenting time). Be incredibly specific. Do not just write “we will share the kids”. Write exactly what days and times the handovers occur (e.g., Parent A will pick the child up from school on Fridays at 3:00 PM). A predictable routine minimizes conflict and anxiety for the child. 📅
Step 2: Allocate Decision-Making Responsibility
You must clearly define who makes the major life choices regarding the child’s education, healthcare, religion, and significant extracurricular activities. You can agree to shared decision-making (where you must consult and agree), or allocate specific areas to one parent (e.g., Parent B makes all medical decisions).
Step 3: Detail Holidays, Vacations, and Travel
Regular schedules always get interrupted by holidays. Your plan needs specific clauses for Christmas, March Break, Thanksgiving, and summer vacations. Furthermore, include clear rules for travelling out of Prince Edward Island or internationally. State who holds the child’s passport and how much notice must be given before taking the child out of the province.
Step 4: Include a Dispute Resolution Clause
No matter how good your plan is, disagreements will happen as the children grow. A strong parenting plan includes a mandatory dispute resolution step. For example, the plan should state that if you cannot agree on a major issue, you must attend at least two sessions with a private family mediator before either of you is allowed to file an application in court.
Step 5: Sign with Independent Legal Advice
Once the document is drafted, both parents should review it with their own separate family lawyers. Signing the document in front of a witness after receiving Independent Legal Advice (ILA) guarantees that it is legally binding. This prevents your ex-partner from later claiming they were forced into signing it.
How Much Does it Cost in Prince Edward Island?
Investing in a solid parenting plan upfront saves you thousands of dollars in future litigation. 💰
- Lawyer Drafting Fees: Hiring a law firm to properly draft a comprehensive parenting plan usually costs between $1,500 and $3,000 CAD.
- Mediation: If you need help negotiating the terms, a private mediator in PEI generally charges between $150 and $300 CAD per hour.
- Independent Legal Advice (ILA): Having a lawyer review a plan drafted by your ex-partner’s lawyer typically costs between $300 and $700 CAD.
How Long Does the Process Take?
If both parents are reasonable and focused on the child, drafting and signing a parenting plan can be completed in 3 to 6 weeks. Once signed, it takes effect immediately. If you wish to incorporate it into a formal Consent Order with the Supreme Court of PEI, the administrative court processing time usually adds another 4 to 8 weeks. ⏱
Good vs. Bad Wording in a Parenting Plan
| Scenario | Bad Wording (Too Vague) | Good Wording (Clear & Enforceable) |
|---|---|---|
| Weekend Handovers | We will split the weekend. | Parent A will pick up the children from school at 3:00 PM on Friday and drop them off at Parent B’s residence at 6:00 PM on Sunday. |
| Summer Vacation | We will share the summer. | Each parent is entitled to two uninterrupted weeks during July and August, provided they give written notice by May 1st. |
| Medical Decisions | We will both talk about the doctor. | The parents have shared decision-making responsibility for all non-emergency medical treatments. |
Frequently Asked Questions (FAQ)
Do we have to go to court to make the parenting plan legal?
No. A signed separation agreement or parenting plan is a legally binding contract. However, many parents choose to file their agreement with the Supreme Court of PEI to turn it into a formal Consent Order, which makes it easier for police or courts to enforce if one parent breaches the terms.
Can we change the parenting plan later if our child’s needs change?
Yes. A parenting plan is not locked in forever. As infants grow into teenagers, their schedules and preferences change drastically. You can update your plan at any time by drafting and signing an addendum or a brand-new agreement. If you cannot agree on a change, a judge will decide based on a material change in circumstances.
At what age does a child in PEI get to decide where they live?
There is no specific magic age in PEI where a child legally gets to choose. However, as a child grows older (typically around 12 to 14 years old), judges will give their views and preferences significant weight, provided the child is mature and not being manipulated by one parent.
What happens if my ex constantly arrives late for drop-offs?
If the lateness is chronic and disruptive, you should start documenting every incident in a journal or via text messages. You may need to use your dispute resolution clause (mediation) to address the lack of respect for the schedule. In severe cases, a judge can alter the parenting time to legally fix the issue.
Leave a Reply